Living in a Social Media World: Potentials and Pitfalls for Family Law Cases and Attorneys

by Jeffrey Fiorello and Christine C. Fitzgerald

While social media was once looked upon as something purely social (a way to stay connected with friends), it has increasingly become an integral part of daily life. The information that is put out online can have implications far beyond staying connected with friends. This article will attempt to explore the use of social media for professional marketing purposes, and for tactical advantages in advocating for clients. There are implications, both positive and negative, that social media can have on the daily practice of family law. The goal of this article is to provoke a further exploration of social media in marketing for family lawyers and in representing family law clients.

So you think you are ready to consider getting a divorce. You have lived years in an unhappy marriage or perhaps you and your spouse have just grown apart or maybe one spouse has not been faithful … it is time to explore the world of divorce. Now what?

Until August 8, 2017, for sixteen years, the law in New Jersey on relocation created a presumption favoring relocation. This presumption was created by the Supreme Court of New Jersey in Baures v. Lewis, 167N.J. 91 (2001), and was overturned in the recent case of Bisbing v. Bisbing, 230 N.J. 309. The Court in Baures relied on social science research that had not been challenged, and on underlying statutes and case law of other jurisdictions which the Court believed evidences a trend toward relocation. The law relied upon by the Supreme Court of New Jersey in Bauers was later overruled by subsequent case law or statute but the Bauers holding was not reexamined by the Supreme Court of New Jersey for sixteen years. The New Jersey judiciary and practitioners were therefore relying on outdated law. The sixteen years that it took to change the landscape of relocation in our state supports our need as practitioners to dissect the case law that is relied upon by our Courts to ensure that our law remains consistent with changing times.

So you think you are ready to consider getting a divorce. You have lived years in an unhappy marriage or perhaps you and your spouse have just grown apart or maybe one spouse has not been faithful … it is time to explore the world of divorce. Now what?

Just as each child has his/her own unique qualities which define the child, so too does the Child Support to be calculated in each case. Child Support is not a one-stop shop. The first question to consider in any Child Support case is whether the Child Support Guidelines are applicable. The premise of the Child Support Guidelines is that support is the obligation of both parents. Children are entitled to benefit from the incomes of both parties and children of divorce or born out of wedlock should not be economic victims of their parents’ segregation. N.J. Court Rules, Appendix IX-A(1). The theory of the Guidelines is that in an intact family, income is pooled to support the children and this same concept should be applied in families that are not intact. These Guidelines are intended to ensure that children not live in poverty.

Advances in technology have been shaping the practice of law for several years. Computers have increased productivity and the internet has drastically altered both the legal research and writing process and the mechanism by which many lawyers communicate with the courts, opposing counsel, and clients. The prevalence of social media in today’s society raises several important issues relative to the practice of law generally, and in the area of family law where the clients are all individuals, most of whom are frequent social media users, having a clear understanding of those issues is of particular importance. This article will present a summary of some of the issues raised by the use of social media in family law cases.

So you think you are ready to consider getting a divorce. You have lived years in an unhappy marriage or perhaps you and your spouse have just grown apart or maybe one spouse has not been faithful... it is time to explore the world of divorce. Now what?

The Case Information Statement ("CIS") is one of the most important documents prepared in a matrimonial matter. A CIS is needed whether your client intends to mediate, arbitrate, litigate or simply resolve a case with his/her spouse directly. Before attempting to resolve any matrimonial case, it is imperative that the parties, counsel, any mediator or arbitrator fully understand the parties' incomes, expenses, assets and debts. The CIS is designed to provide all of this information in one legal document. I often refer to the CIS as a client's bible. It also is a necessary document to maintain as past CISes are needed in most post-judgment proceedings. A well-prepared CIS will save your client significant legal fees throughout the matrimonial proceeding.

As matrimonial practitioners, we have the responsibility of assisting parties in a divorce in equitably distributing their marital assets. Clients often assume that their marital assets should be equally divided. That is not always the case. The exercise of equitable distribution dictates that the parties' marital assets be equitably, not equally divided.

In determining how to equitably distribute executive compensation, first, the type of executive compensation must be identified. Then, it must be determined whether the executive compensation was awarded for the party's past efforts or in anticipation of the party's future efforts. Executive compensation awarded prior to the termination of the marriage will be subject to equitable distribution whereas executive compensation awarded after the termination of the marriage will not be subject to equitable distribution. As executive compensation is often awarded for both past efforts and in anticipation of future services, a portion, but not all, of executive compensation is often part of the marital estate for purposes of equitable distribution.

It is not uncommon for a spouse to question the other spouse's spending of marital assets when they are proceeding with a divorce. Spending which was acceptable during the marriage is often suspect when parties are divorcing. Bad business decisions during the marriage often become allegations of intentional mishandling of marital assets. Money that was previously used to support a spouses extended family may now be seen as a channel for diminishing the marital estate. Through the course of discovery, one spouse often discovers that marital assets were spent to foster another spouse's extramarital affair. All of these allegations may give rise to a claim of dissipation of marital assets.

Parental alienation is a serious problem that plagues families when parents are involved in divorce proceedings where one parent successfully manipulates the child against the other parent. It is also a term that has become overused and misused in our family law practice. Unfortunately, there is no reported case in New Jersey which truly defines the concept of parental alienation. Practitioners and parents are quick to mention parental alienation, but few are able to define it. And even when a practitioner can identify parental alienation as a problem, they often do not know how to "fix" the problem. How then do we, as family law practitioners, know when it is appropriate to use the term parental alienation to define the toxic environment that torments a custody case? In order to identify parental alienation, family law practitioner, mental health experts and our judiciary must be familiar with the scientific data that identifies what parental alienation is and what it is not before we begin to try to address these custodial issues.

In our ever mobile society, relocation after a divorce is a very realistic option for a parent. The advancement in technology and efficiency of transportation have increased the ability for mobility over the years. After a divorce, a parent seeking to move on to the next chapter in his or her life often will want to relocate to be closer to family or a significant other or for career advancement. The issue of relocation presents courts with the difficult dilemma of permitting a child to relocate to be with one parent at the cost of the child not having the opportunity to maximize his or her relationship with the other parent. Relocation cases present some of the most difficult issues that matrimonial practitioners and our family law judges grapple with during our careers.

In our ever mobile society, relocation after a divorce is a very realistic option for a parent. The advancement in technology and efficiency of transportation have increased the ability for mobility over the years. After a divorce, a parent seeking to move on to the next chapter in his or her life often will want to relocate to be closer to family or a significant other or for career advancement.

Alimony is one of the most difficult financial issues to resolve in our matrimonial cases. N.J.S.A. 2A:34-23(b) sets forth thirteen statutory factors to be considered when determining an alimony claim, including a catchall factor of any other factors which the court deems relevant. In the recent Supreme Court of New Jersey case of Gnall v. Gnall, 222 N.J. 414 (2015) the Court emphasized that no one factor is determinative and that all factors should be given weight in adjudicating alimony. Despite popular belief, there is no official alimony formula to be used to determine the alimony amount.

On November 12, 2014, the New Jersey Chapter of the American Academy of Matrimonial Lawyers ("AAML-NJ") had the privilege of appearing as amicus curiae before the Supreme Court of New Jersey in the case of Gnall v. Gnall, A 52-13. In Gnall v. Gnall, in September 2010, Superior Court of New Jersey, Chancery Division,. Family Part, Bergen County, (the "Trial Court") awarded a wife in a nearly 15 years marriage with three children, ages 8, 11 and 12, limited duration alimony for eleven years. In August 2013, the Superior Court of New Jersey, Appellate Division (the "Appellate Division") reversed and remanded the alimony award with a directive that the trial court should consider whether permanent alimony was appropriate. In January 2014, the Supreme Court of New Jersey granted Certification to determine the following question: "Was it appropriate for the Appellate Division to reverse the Trial Court's award of limited duration alimony and to remand for consideration of permanent alimony under the circumstances of this case, which included a marriage of fifteen years.?"

As matrimonial practitioners, we are responsible for applying current law to our cases. I have always viewed the Family Law Symposium as a forum to learn about new case law affecting our practice and new arguments that we should be making in our cases. The Symposium provides us with many interesting arguments that we find ourselves using later in the year and thereafter to best represent our clients' interests. The Family Law Symposium has been the breeding ground for new law that develops through our judiciary as a result of the presentations from our distinguished speakers.

The Case Management Order ("CMO") is generally the first order entered by the Court in a matrimonial action. In many counties, parties and counsel are not required to appear in Court for the first Case Management Conference if they can consent to the terms of the CMO. In other counties, an appearance is necessary. Generally, when a CMO is permitted to be submitted without the need for an appearance, counsel and the parties opt not to incur the counsel fees to appear in Court. The purposes of the CMO is intended to encourage parties to define the issues in dispute and determine what discovery is needed in order to ultimately resolve these issues. It is very important that particular attention is paid to the CMO as it sets the deadlines and outlines the scope of discovery for the duration of the matrimonial matter.